Opinion
NO. WR-86,622-01
06-14-2017
EX PARTE SERGIO SANTIESTEBAN-PILETA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2011-1592-C1 IN THE 19TH DISTRICT COURT FROM MCLENNAN COUNTY Per curiam. ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of marihuana and sentenced to seventy-five years' imprisonment. The Tenth Court of Appeals affirmed his conviction. Santiesteban-Pileta v. State, No. 10-12-00154-CR (Tex. App.—Waco June 21, 2013).
Applicant contends that he received ineffective assistance of counsel and that he received cruel and unusual punishment. Applicant has alleged facts that, if true, might entitle him to relief. Pearson v. State, 994 S.W.2d 176 (Tex. Crim. App. 1999). The trial court's findings of fact reference an affidavit from trial counsel. That affidavit is in the habeas record, but the affidavit references exhibits A-E, which are not a part of the record. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact.
The trial court shall provide this Court with the exhibits referenced in trial counsel's affidavit. The trial court shall also ensure that Applicant, who is acting pro se, receives a copy of the affidavit from trial counsel. The trial court may also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief, if necessary.
This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: June 14, 2017
Do not publish